latest on the montana judge who sparked outrage across the country after appearingly to go easy on a teacher that assaulted a student. As clayton sandell reports, the state supreme court is now examining the case. Reporter: After more than a week of nationwide backlash, this morning prosecutors in montana, say they're going to the state's highest court, fighting back against a sentence given to stacy rambold. There's a strong argument that the sentence the court imposed was improper. Reporter: Rambold, was convicted of having an inappropriate relationship with morales. Morales later committed suicide. She was smart, artistic. Reporter: Last week, judge todd bah sentenced the teacher to 15 years, sending him to jail for one month. Fire less than the minimum required sentence. His reasoning, that the teen acted older than her chronological age. And was partly in control of her situation. The judge's comments prompted nationwide anger at the way he seemed to treat the victim. It creates a culture of silence. Reporter: The judge backtracked and issued an apology. What I said was demeaning to all women. Not what I believe in. Reporter: Even he now says the sentence he imposed was illegal. But prosecutors want another court to make the call.

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